[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57347-57350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23216]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FERC Docket No. PF08-9-000]


Ruby Pipeline, L.L.C.; Notice of Intent To Prepare an 
Environmental Impact Statement and Land and Resource Management Plan 
Amendment for the Proposed Ruby Pipeline Project, Request for Comments 
on Environmental Issues, and Notice of Public Scoping Meetings

September 26, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of Ruby Pipeline, L.L.C.'s 
(Ruby) proposed Ruby Pipeline Project in Wyoming, Utah, Nevada, and 
Oregon. The project facilities would consist of about 677 miles of 42-
inch-diameter natural gas pipeline, four new compressor stations, and 
related facilities as described below. The EIS will be used by the 
Commission in its decision-making process to determine if the project 
is in the public convenience and necessity.
    This notice explains the scoping process that is being used to 
gather input from the public and interested agencies on the project. 
Your input will help determine the issues that need to be evaluated in 
the EIS. Please note that this scoping period will close on October 29, 
2008.
    Comments may be submitted in writing or verbally. Details on how to 
submit written comments are provided in the ``Public Participation'' 
section of this notice. In lieu of or in addition to sending written 
comments, you are invited to attend any of the four public scoping 
meetings to verbally comment on the project. The dates and locations of 
the meetings are listed below and will be posted on the Commission's 
calendar at http://www.ferc.gov/EventCalendar/EventsList.aspx. All 
meetings are scheduled to begin at 7 p.m. in the time zone in which 
they are being held.

October 14, 2008--Montpelier, Idaho, Oregon-California Trail Center, 
320 N 4th Street, (208) 847-3800.
October 15, 2008--Hyrum, Utah, Civic Center, 83 W Main Street, (435) 
245-6033.
October 16, 2008--Brigham City, Utah, Brigham City Senior Center, 24 N 
300 W, (435) 723-3303.
October 22, 2008--Lakeview, Oregon, Elks Lodge, 323 N. F Street, (541) 
947-2258.

    If a significant number of people are interested in commenting at 
the meetings, each commenter will be limited to a three to five minute 
comment period to ensure that all people wishing to comment have the 
opportunity in the time allotted for the meeting. If time limits on 
comments are implemented, they will be strictly enforced.
    The Ruby Pipeline Project is currently in the ``Pre-filing'' stage 
and at this time a formal application has not been filed with the 
Commission. For this proposal, the Commission is initiating its 
National Environmental Policy Act (NEPA) review prior to receiving the 
application. The Commission's Pre-filing Process allows interested 
stakeholders to become involved early in the project planning with the 
intent of identifying and resolving issues before a formal application 
is filed with the FERC.\1\ A docket number (PF08-9-000) has been 
established to place information filed by Ruby and related documents 
issued or received by the Commission into the public record. Once a 
formal application is filed with the FERC, a new docket number will be 
established.
---------------------------------------------------------------------------

    \1\ This notice announces the second scoping period the 
Commission has opened for the Ruby Pipeline Project. See page 5 for 
details.
---------------------------------------------------------------------------

    The FERC is the lead federal agency for the preparation of the EIS. 
The U.S. Bureau of Land Management (BLM) is participating as a 
cooperating agency in the preparation of the EIS because the project 
would cross federally administered lands in Wyoming, Utah, Nevada, and 
Oregon. The U.S. Forest Service (USFS) also is participating as a 
cooperating agency because the project would cross the Wasatch-Cache 
and Fremont-Winema National Forests in Utah and Oregon, respectively.
    As a cooperating agency, the BLM intends to adopt the EIS per Title 
40 of the Code of Federal Regulations, Part 1506.3, to meet its NEPA 
responsibilities for Ruby's application for a Right-of-Way Grant and 
Temporary Use Permit for crossing federally administered lands, 
including the Wasatch-Cache and Fremont-Winema National Forests. The 
concurrence or non-concurrence of the USFS would be considered in the 
BLM's decision as well as impacts on resources and programs and the 
project's conformance with land use plans.
    As proposed, the Ruby Pipeline Project does not follow a designated 
utility corridor through the Wasatch-Cache National Forest; therefore, 
if Ruby's proposed route were authorized, the Wasatch-Cache National 
Forest Revised Land and Resource Management Plan (2003) (Forest Plan) 
would need to be amended. The USFS will use the EIS to consider 
amending the Forest Plan to allow pipeline construction outside of 
designated utility corridors.
    With this notice, we \2\ are asking other federal, state, and local 
agencies with jurisdiction and/or special expertise with respect to 
environmental issues in the project area to formally cooperate with us 
in the preparation of the EIS. These agencies may choose to participate 
once they have evaluated Ruby's proposal relative to their 
responsibilities. Agencies that would like to request cooperating 
status should follow the instructions for filing written comments 
described later in this notice and describe the extent to which they 
would like to be involved as a cooperating agency. We also encourage 
government representatives to notify their constituents of this project 
and encourage them to comment on their areas of concern.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the proposed facilities. 
If so, Ruby and the affected landowners should seek to negotiate a 
mutually acceptable agreement. However, if the project is approved by 
the Commission, that approval conveys with it the right of eminent 
domain for securing easements for the facilities. Therefore, if 
easement negotiations fail to produce an agreement, Ruby could initiate 
condemnation proceedings in accordance with state law.
    This notice is being sent to potentially affected landowners 
crossed by and adjacent to the project route; landowners within 0.5 
mile of proposed compressor station sites; federal, state, and local 
government agencies; elected

[[Page 57348]]

officials; environmental and public interest groups; Native American 
tribes; local libraries and newspapers; and other interested parties.
    This notice is also being sent to landowners within 0.5 mile of 
Ruby's currently planned pipeline route and 0.5 mile of an alternative 
route previously considered by Ruby. Both routes are shown on the map 
in appendix 1. We included these landowners on our original mailing 
list and scoping effort for the project because the initial route 
location proposed by Ruby was very general and had potential to 
directly affect a wider range of landowners as the route became more 
refined. Thus, some recipients of this notice may not be directly 
affected by the Ruby Pipeline Project. Although we have retained these 
landowners for this mailing, please note that recipients of this notice 
who do not comment on the proposed project and want to remain on the 
list for future mailings must return the Mailing List Retention Form 
(see the section ``Environmental Mailing List'' on page 9 and also 
appendix 2 for details on how to remain on the mailing list).
    To assist potentially affected landowners, a fact sheet prepared by 
the FERC entitled ``An Interstate Natural Gas Facility On My Land? What 
Do I Need To Know?'' addresses a number of typically asked questions, 
including the potential use of eminent domain and how to participate in 
the Commission's proceedings. It is available for viewing on the FERC 
Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    Ruby is proposing to construct a new pipeline system to transport 
natural gas from the Rocky Mountain region to the northwestern United 
States. Specifically, Ruby is proposing to construct:
     About 674 miles of 42-inch-diameter pipeline from the Opal 
Hub in Lincoln County, Wyoming to the Malin Market Center in Klamath 
County, Oregon;
     About 3 miles of 42-inch-diameter lateral \3\ pipeline in 
Klamath County, Oregon;
---------------------------------------------------------------------------

    \3\ A lateral is a short pipeline that takes natural gas from 
the main pipeline system to a customer, such as a local distribution 
company or another natural gas pipeline system.
---------------------------------------------------------------------------

     4 new compressor stations;
     4 measurement stations; \4\
---------------------------------------------------------------------------

    \4\ The 4 measurement stations would house a total of 10 receipt 
and/or delivery points.
---------------------------------------------------------------------------

     42 mainline block valves; and
     14 pig \5\ launcher and 13 pig receiver facilities.
---------------------------------------------------------------------------

    \5\ A pipeline ``pig'' is a device designed to internally clean 
or inspect the pipeline. A pig launcher/receiver is an aboveground 
facility where pigs are inserted into or retrieved from the 
pipeline.
---------------------------------------------------------------------------

    A map depicting the general location of project facilities is 
included as appendix 1.\6\ Ruby originally considered a northern route 
on the eastern end of the pipeline as illustrated on the general 
location map. Based on additional study and agency consultations, Ruby 
no longer prefers the northern route. We are, however, including it in 
our evaluation as a possible alternative along with other possible 
alternatives.
---------------------------------------------------------------------------

    \6\ Appendix 1 (General Project Map) and appendix 2 (Mailing 
List Retention Form) are not being printed in the Federal Register. 
Copies are available on the Commission's Internet Web site (http://www.ferc.gov) at the ``eLibrary'' link or from the Commission's 
Public Reference Room at (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the ``Availability of Additional 
Information'' section at the end of this notice. The General Project 
Map and Mailing List Retention Form were sent to all those receiving 
this notice in the mail.
---------------------------------------------------------------------------

    The project, if completed, would have the capacity for transporting 
approximately 1.3 to 1.5 billion cubic feet of natural gas per day. 
Ruby anticipates filing its formal application with the FERC in January 
2009. Ruby is proposing to start construction of the project in the 
first or second quarter of 2010, with the goal of placing the proposed 
pipeline in service in the first quarter of 2011.

Land Requirements for Construction

    Ruby is proposing to use a nominal 115-foot-wide construction 
right-of-way for the project. Additional work areas would be required 
where the pipeline crosses certain features (e.g., waterbodies, 
wetlands, steep slopes, roads, and railroads); for staging areas, pipe 
yards, and contractor's yards; and for widening certain roads for 
project access.
    Based on preliminary information, we estimate that construction of 
the Ruby Pipeline Project would disturb about 12,000 acres of land. Of 
the 12,000 acres, about 4,300 acres would be retained after 
construction as a 50-foot-wide permanent right-of-way and as 
aboveground facility sites. All temporary work areas would be restored 
and allowed to revert to former use after construction.

The EIS Process

    NEPA requires the Commission to take into account the environmental 
impacts that could result from an action whenever it considers the 
issuance of a Certificate of Public Convenience and Necessity under 
Section 7 of the Natural Gas Act. NEPA also requires us to identify and 
address concerns the public has about proposals. This is the 
``scoping'' process referred to earlier. The main goal of the scoping 
process is to focus the analysis in the EIS on important environmental 
issues and reasonable alternatives. All comments received during a 
scoping period are considered in the preparation of an EIS.
    As a part of the Commission's Pre-filing Process, FERC and 
cooperating agency staff have already started to meet with Ruby, 
jurisdictional agencies, and other interested stakeholders to discuss 
the project and identify issues/impacts and concerns. FERC and BLM 
staff participated in eight public open house meetings hosted by Ruby 
in February and March 2008. In addition, on March 28, 2008, the FERC 
issued a Notice of Pre-Filing Environmental Review for the Ruby 
Pipeline Project, Request for Comments on Environmental Issues, and 
Notice of Public Scoping Meetings. Issuance of that notice opened an 
initial time period for providing comments on the project and announced 
the six public scoping meetings held in April 2008.
    By this notice, we are formally announcing the preparation of the 
EIS and are requesting additional agency and public comments to help 
focus the analysis in the EIS on the potentially significant 
environmental issues/impacts related to the project. Our independent 
analysis of the issues will be included in a draft EIS. The draft EIS 
will be mailed to federal, state, and local government agencies; 
elected officials; environmental and public interest groups; Native 
American tribes; affected landowners; commentors; other interested 
parties; local libraries and newspapers; and the FERC's official 
service list for this proceeding. A 45-day comment period will be 
allotted for public review of the draft EIS. We will consider all 
comments on the draft EIS and revise the document, as necessary, before 
issuing a final EIS. We will consider all comments on the final EIS 
before we make our recommendations to the Commission. To ensure that 
your comments are considered, please follow the instructions in the 
``Public Participation'' section of this notice.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of 
construction and operation of the Ruby Pipeline Project. We have 
already identified a number of issues and alternatives that we think 
deserve attention based on the initial public scoping period and our 
review of the information provided by Ruby. This preliminary list of 
potential issues and alternatives may be changed based on your comments 
and our analysis.

[[Page 57349]]

    Geology, Soils, and Reclamation:
     Impacts on current and future mining operations, including 
gold mines near Elko and Winnemucca, Nevada.
     Potential for seismic activity to affect the integrity of 
the pipeline.
     Potential for reduced soil fertility due to topsoil and 
subsoil mixing.
     Construction limitations and erosion potential in steep 
terrain.
     Potential for problematic reclamation due to poor soils, 
arid conditions, and potential grazing after restoration has occurred.
     Potential for invasion or spread of undesirable vegetation 
and noxious weeds during and after construction.
    Water Resources and Wetlands:
     Potential effects on groundwater resources and springs.
     Effects of construction on waterbodies and agricultural 
canals.
     Impacts on wetlands, including wetlands in the Wetland 
Reserve Program.
    Fish, Wildlife, Vegetation, and Sensitive Species:
     Effects of project construction and timing on fish and 
wildlife and their habitat, including state-listed threatened and 
endangered species, migratory birds, and big game species.
     Effects of water depletion from hydrostatic test water 
withdrawals, including effects on federally listed or proposed 
threatened or endangered species.
    Cultural Resources:
     Effect on known and undiscovered cultural resources.
     Native American and tribal concerns, including traditional 
cultural properties.
    Land Use, Recreation and Special Interest Areas, and Visual 
Resources:
     Potential for impacts on Utah-designated Agricultural 
Protection Areas.
     Impacts on grazing and livestock as a result of cutting 
fences and having an open trench in range land.
     Impacts on farming as a result of reduced soil fertility 
(top/subsoil mixing), disrupted irrigation and drainage patterns.
     Impacts on residences, including proximity of facilities 
to existing structures and conflicts with planned and future 
development.
     Impacts on existing or proposed roadless and wilderness 
areas.
     Impacts on existing conservation easements and potential 
for future preclusion from conservation easements.
     Impacts on recreation (e.g., fishing, hunting, boating, 
camping, and hiking).
    Socioeconomics:
     Effects of construction workforce demands on public 
services and temporary housing.
    Air Quality and Noise:
     Effects on local air quality and noise environment from 
construction and operation of the proposed facilities.
    Reliability and Safety:
     Potential hazards to natural gas pipelines from wildfires, 
and potential for construction to start a wildfire.
     Potential for third-party damage or inadequate maintenance 
of the pipeline to cause a pipeline incident.
     Assessment of security associated with operation of 
natural gas facilities.
    Alternatives:
     Use of alternative systems to transport natural gas, such 
as the LNG terminals proposed in Oregon.
     Evaluation of the northern route alternative.
     Use of existing corridors (e.g., Interstate 80, Questar 
pipelines, petroleum pipelines south of Utah State Highway 30, the West 
Wide Energy Corridor).
     Minor variations to avoid specific features or resources.
    Cumulative Impacts:
     Impacts of the project when combined with other actions in 
the same region, particularly the multiple LNG terminals and natural 
gas pipeline projects proposed in Oregon.
     Potential for cumulative impacts from siting multiple 
utilities within the same corridor.
     Potential for the new corridor to attract future utility 
lines and result in cumulative impacts.
    We will make recommendations in the EIS on how to lessen or avoid 
impacts on the various resource areas and evaluate possible 
alternatives to the proposed project or portions of the project.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about Ruby's planned project. Your comments should 
focus on the potential environmental effects, reasonable alternatives, 
and measures to avoid or lessen environmental impacts. The more 
specific your comments, the more useful they will be. To ensure that 
your comments are timely and properly recorded, please send your 
comments so that they will be received in Washington, DC on or before 
October 29, 2008.
    For your convenience, there are three methods which you can use to 
submit written comments to the Commission. In all instances please 
reference the project docket number (PF08-9-000) with your submission. 
The Commission strongly encourages electronic filing of comments and 
has dedicated eFiling staff available to assist you at 202-502-8258 or 
[email protected].
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's Internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project.
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's Internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper and then saving the file on your computer's hard drive. 
You will attach that file as your submission. New eFiling users must 
first create an account by clicking on ``Sign up'' or ``eRegister.'' 
You will be asked to select the type of filing you are making. A 
comment on a particular project is considered a ``Comment on Filing.''
    (3) You may file your comments by mail by sending an original and 
two copies of your letter to: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE.; Room 1A, 
Washington, DC 20426.
    Label one copy of your comments for the attention of Gas 1; DG2E; 
PJ-11.1.
    The public scoping meetings referenced on page 1 of this notice are 
designed to provide another opportunity to offer comments on the Ruby 
Pipeline Project. Interested groups and individuals are encouraged to 
attend these meetings and to present comments on the environmental 
issues they believe should be addressed in the EIS. Transcripts of the 
meetings will be made so that your comments will be accurately 
recorded. In addition, we have asked representatives from Ruby to be 
available with project location maps and other technical information to 
answer landowner concerns after each meeting.
    Once Ruby formally files its application with the Commission, you 
may want to become an official party to the proceeding known as an 
``intervenor.'' Intervenors play a more formal role in the process and 
are able to file briefs, appear at hearings, and be heard by the courts 
if they choose to appeal the Commission's final ruling. An intervenor 
formally participates in a Commission proceeding by filing a request to 
intervene. Instructions for

[[Page 57350]]

becoming an intervenor are included in the User's Guide under the 
``eFiling'' link on the Commission's Web site. Please note that you may 
not request intervenor status at this time. You must wait until a 
formal application is filed with the Commission. You do not need 
intervenor status to have your environmental comments considered.

Environmental Mailing List

    If you received this notice, you are currently on the environmental 
mailing list for this project. If you do not want to send comments at 
this time and have not previously sent comments to us on this project 
or presented comments at one of the public scoping meetings, but still 
want to remain on our mailing list, please return the Mailing List 
Retention Form (appendix 2). If you do not submit or present comments 
or if you do not return the Mailing List Retention Form, you will be 
removed from the Commission's environmental mailing list for this 
project.

Availability of Additional Information

    Additional information about the Project is available from the 
FERC's Office of External Affairs at 1-866-208-FERC (3372) or on the 
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link. 
Click on the eLibrary link, click on ``General Search,'' and enter the 
docket number excluding the last three digits in the Docket Number 
field (i.e., PF08-9). Be sure you have selected an appropriate date 
range. For assistance, please contact FERC Online Support at 
[email protected] or toll free at 1-866-208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link on the FERC Internet Web site 
also provides access to the text of formal documents issued by the 
Commission, such as orders, notices, and rulemakings.
    In addition, the FERC offers a free service called eSubscription 
that allows you to keep track of all formal issuances and submittals in 
specific dockets. This can reduce the amount of time you spend 
researching proceedings by automatically providing you with 
notification of these filings, document summaries, and direct links to 
the documents. To register for this service, go to the eSubscription 
link on the FERC Internet Web site (http://www.ferc.gov/docs-filing/esubscription.asp).
    Information concerning the involvement of the BLM in the EIS 
process may be obtained from Mark Mackiewicz, PMP, National Project 
Manager, at (435) 636-3616. Information concerning the involvement of 
the USFS may be obtained from Catherine Callaghan at the Fremont-Winema 
National Forest at (541) 947-2151, and David Ream (801) 236-3400 at the 
Wasatch-Cache National Forest.
    Finally, Ruby has established an Internet Web site for its project 
at http://www.rubypipeline.com. The Web site includes a description of 
the project as well as project maps and links to related documents. 
Information can also be obtained by calling Ruby directly at 1-877-598-
5263 (toll free) or 1-719-520-4450.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-23216 Filed 10-1-08; 8:45 am]
BILLING CODE 6717-01-P